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What Is Asylum And Who Qualifies For It?

Our Westchester immigration and deportation attorney has decades of experience in handling Asylum cases. Asylum is a form of relief from a deportation. It is also affirmative relief in the respect that a person can apply for asylum even if they are not in immigration proceedings. There are two types of asylum. Defensive is the term used if you are immigration court. But if you are not in immigration court and you just want to get a relief to stay in the country that is called an affirmative asylum. Basically anyone that is in the United States who wishes to stay here and can ultimately asylum can lead to permanent residency.

Any immigrant that does not have permanent residence here can apply, but they need to show that they have a fear of returning to their country. They have to show they suffered persecution based on five distinct topics or areas that they have been persecuted in their home countries as a result due to either race, religion, nationality, membership in a particular social group or political opinion.

Does The Asylum Applicant Have to Be In Status When They Apply? When doe an applicant have to apply?
An Asylum Applicant can apply whether they are in status or out of status, but there is a requirement that applicants who filed for asylum on or after April 16, 1998 must apply within one year of their last arrival to the United States or prove an exception to the one year rule. They must prove by clear and convincing evidence that they filed for asylum within one year. The applicant would then have to prove that there are changed circumstances materially affecting the applicant’s eligibility for asylum or extraordinary circumstances to the delay in filing. There are many different scenarios that qualify for the one year exception. A consultation with one of our immigration and deportation attorneys in either our Westchester office, located in White Plains or our New York City office located in Midtown Manhattan would be valuable in discerning if one is eligible for the one year exception.

What Steps Does Someone Need To Take If They Are Going To Be Applying For Asylum?
The steps to apply depends on whether they are applying under the affirmative asylum process which means they are applying and they are not in immigration proceedings or if they are in immigration proceedings and that is defensive. If they are in immigration proceedings, they would have to make an application to the judge presiding over their case and then the judge would allow the immigrant to file an asylum application. Then the judge would schedule the case for an individual merits hearing on the issue of whether they are eligible for asylum considering the evidence presented. Of course, the government which is represented by the Department of Justice, their attorney would try to make sure that their application is complete and it is not fraudulent. They would cross examine any witnesses and question any evidence. Under the affirmative asylum process, where they are not in court, they simply just need to file a form with immigration and send the form to immigration with the appropriate proof. An immigration asylum officer would conduct an thorough interview and make a decision on the application.

Is There Any Recourse Available If An Applicant’s Asylum Case Is Denied?
It depends upon whether it is affirmative where you are applying not in court for an applicant’s case to be denied. If your application is denied by immigration, you have a right to have that application reviewed by an immigration judge who would review the application. You could present your application all over again, de novo and the judge will be able to make another decision.

If you are in immigration proceedings and you are denied you could appeal the immigration judge’s decision to the Board of Immigration Appeals which is sometimes known by the acronym as BIA. You can appeal that decision to the BIA. If you are not happy with the BIAs decision, you can appeal that decision to a Federal court and even if that is denied you have the right to go to the Supreme Court of the United States and appeal.

What Is The Role Of An Attorney In an Asylum Case?
The Asylum Attorney plays a very important role in this process. Attorneys in our Manhattan and Westchester offices handle asylum cases from the Tristate areas, especially New York City including the Bronx, Manhattan, Queens and Brooklyn. From our Westchester office, our Asylum attorneys can represent the immigrant communities in White Plains, Port Chester, Mamaroneck, Ossining, Mount Vernon, New Rochelle, Yonkers, and Greenburgh.

At our first meeting, our Asylum attorneys will gather information regarding the immigrant’s qualifications and whether or not there are eligibility issues with asylum. We take a detailed statement. A detailed statement is required in an asylum application whether it is in court or not. The New York immigration attorney would definitely be able to frame the issues, present the law and really flush out a very good statement that is needed to have the asylum application approved. If it is in court, he would be able to question witnesses; he would be able to present the case to an immigration judge and to provide the evidence in a reasonable order according to the law, and according to what the applicant requires.

Can Someone Navigate The Asylum Process On Their Own?
Yes, they can navigate on their own, but I would not recommend that. Knowing that the law is so complex and especially if you are in immigration court presenting an asylum case. I think it would be very unreasonable to present your own case before an immigration judge unless you are a layperson that is really knowledgeable of the law, knowledgeable about immigration, knowledgeable of the judges and the attorneys and the system. I do not think it would be a good idea to present your own case without an attorney.

Additional Information About The Asylum Process
The big thing is the one year rule. People definitely need to watch for that. Not filing within one year may prove to be a fatal error if you do not prove an exception to the one year rule. When you are applying for asylum, your children can be included as derivative beneficiaries, and a lot of people do not know that as well. Again, that is where the role of an attorney comes into play. If you are granted an asylum in the United States, you can also petition to bring your spouse and children over as a result of your approval of asylum, but you have to include them on your application and they must be under twenty-one and unmarried.

Read on to find out Asylum In The United States. Call the law offices of Michael H. Joseph, PLLC for a FREE Initial Consultation at 914-574-8330 and get the information and legal answers you’re seeking.

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